2011 (12) TMI 661 - HC - Indian Laws

Summary

Issues involved: Challenge to order directing surrender of passport based on complaints filed for alleged offences under Section 500 and 506 of IPC, interpretation of provisions of Passport Act regarding surrender of passport.

Comprehensive details of the judgment:

Issue 1: Challenge to order directing surrender of passport
The writ petition challenged the order directing the petitioners to surrender the passport based on complaints filed against them for alleged offences under Section 500 and 506 of IPC. The petitioners contended that the power to issue an order to surrender a document should be anchored to the provisions of the Passport Act, specifically Section 10(9) of the Act. The Section states that on revocation of a passport, the authority can direct surrender. The language of Section 10 distinguishes between variation, impounding, and revocation of passports. Revocation can be done on the application of the holder or under specific circumstances mentioned in Section 10(3). The circumstances for impounding or revoking a passport exist if criminal proceedings are pending, as mentioned in Section 10(3)(e). The procedure for varying or cancelling a passport under Section 10(5) requires the passport authority to record reasons for the order and furnish a copy to the holder. The Court held that the power to direct surrender of a document does not exist under the passport scheme without following principles of natural justice. The impugned action was quashed, and the writ petition was allowed.

Issue 2: Interpretation of provisions of Passport Act regarding surrender of passport
The Court emphasized that the Passport Act's provisions must be interpreted in a manner that upholds natural justice. When a travel document is sought to be impounded, the procedure under Section 10(5) should ensure that the affected party is given notice and an opportunity to show cause against revocation or impounding. Without adhering to principles of natural justice, the power to direct surrender of a document does not align with the passport scheme. The Court highlighted the importance of following fundamental precepts of natural justice in matters related to passport surrender.